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Omnibus Public Land Management Act of 2009

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The Omnibus Public Land Management Act of 2009 ( Pub. L.   111–11 (text) (PDF) , H.R. 146 ) is a land management law passed in the 111th United States Congress and signed into law by President Barack Obama on March 30, 2009. The bill designates millions of acres in the US as protected and establishes a National Landscape Conservation System . It includes funding for programs, studies and other activities by the Department of the Interior and the Department of Agriculture , and in some cases bars further geothermal leasing, oil and gas leasing, and new mining patents on certain stretches of protected land.

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53-573: On June 26, 2008, Senator Jeff Bingaman of New Mexico introduced the Omnibus Public Land Management Act of 2008 ( S. 3213 ). Although the bill had some support from both Democrats and Republicans , including Senate Majority Leader Harry Reid of Nevada , the Senate never voted on the measure due to threats by Senator Tom Coburn (R- Oklahoma ) to filibuster the bill. On January 7, 2009, Bingaman introduced

106-986: A United States Senator from New Mexico from 1983 to 2013. A member of the Democratic Party , he previously served as the 25th Attorney General of New Mexico from 1979 to 1983. During his time in the Senate, Bingaman served as Chairman of Committee Outreach for the Senate Democratic Caucus and was the longtime chair of the Senate Energy Committee . Bingaman worked on Congressional committees on Armed Services; Energy and Natural Resources (Chairman); Finance; Health, Education Labor & Pensions; Joint Economic Committee; among others. He advocated environmental issues such as for clean energy policies and protection of wildlife and public lands. Bingaman took positions favoring immigration reform with increased border enforcement coupled with

159-479: A Preserve America program, a Save America's Treasures Program, and a Route 66 Corridor Preservation Program, all to be carried out by the National Park Service . New National Park System components would include: Title VIII designates ten new National Heritage Areas at the cost of $ 103.5 million: Title IX authorizes three new studies to examine new reclamation projects under the jurisdiction of

212-458: A cost of $ 64 million per year through the year 2018. It furthermore authorizes groundwater surveys in New Mexico, also by the U.S. Geological Survey . Title XII creates five new oceanic observation, research, and exploration programs at a cost of $ 2.6 billion, including programs for undersea research, undersea and coastal mapping, acidification research, and ocean conservation. One provision,

265-646: A dramatic impact on how our own men and women are treated in the event they are themselves taken prisoner. Bingaman supported President Barack Obama's health reform legislation; he voted for the Patient Protection and Affordable Care Act in December 2009, and voted for the Health Care and Education Reconciliation Act of 2010 . Bingaman met his wife Anne Kovacovich when both were attending Stanford Law School. They have one son, John, who served as

318-514: A guest worker program. After he left the Senate, he returned to his alma mater Stanford Law School as a fellow of its Steyer–Taylor Center for Energy Policy and Finance. Bingaman was born in El Paso, Texas , the son of Frances Bethia (née Ball) and Jesse Francis Bingaman. He grew up in Silver City, New Mexico . His father taught at Western New Mexico University and his mother taught in

371-554: A proposed amendment to ban flag desecration, and supported affirmative action. On October 11, 2002, Jeff Bingaman was among the 23 Senators who voted against authorizing the Iraq War . Bingaman had a generally pro-rehabilitation stance on crime, supporting more programs to prevent youth crime, lower high school dropout rates, and stop drug use. Bingaman was an outspoken critic of the Guantanamo Bay detention camp . He cited

424-632: The Bureau of Reclamation . It also creates 15 new water and endangered fish projects in four states. Furthermore, Title IX puts some federal water reclamation facilities under local control and funds conservation efforts. Title X codifies the settlements of three water disputes in California, Nevada, and New Mexico, in an effort to resolve decades of litigation. Title XI reauthorizes the National Geologic Mapping Act of 1992 at

477-532: The Commonwealth of Puerto Rico ; this is less than one-quarter of one percent of the nation's rivers, which flow over 3.5 million miles (5,600,000 kilometers) across the United States. By comparison, more than 75,000 large dams across the country have modified at least 600,000 miles (970,000 km), or about 17 percent of American rivers. The National Wild and Scenic Rivers Act was an outgrowth of

530-831: The Integrated Coastal and Ocean Observation System Act , would "establish a national integrated System of ocean, coastal, and Great Lakes observing systems, comprised of Federal and non-Federal components coordinated at the national level by the National Ocean Research Leadership Council" in order to "support national defense, marine commerce, navigation safety, weather, climate, and marine forecasting, energy siting and production, economic development, ecosystem-based marine, coastal, and Great Lakes resource management, public safety, and public outreach training and education." Title XIII deals with miscellaneous bills, including one that funds

583-575: The National Institutes of Health . Title XV grants the Smithsonian Institution $ 69 million for laboratory and greenhouse construction at three Smithsonian facilities. The Omnibus Public Land Management Act of 2009 amended the following acts of Congress , in order of first appearance: Jeff Bingaman Jesse Francis " Jeff " Bingaman Jr. (born October 3, 1943) is an American retired politician who served as

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636-829: The National Landscape Conservation System , and the U.S. Fish and Wildlife Service in Alaska . State-managed Wild and Scenic Rivers are subject to the same protections as federally administered rivers. These state rivers can be added to the National System by the Secretary of the Interior following an application by the governor of the state the river flows through. Designated rivers are assigned one or more classifications: Wild, Scenic, or Recreational. These classifications are based on

689-936: The National Trails System , components of the National Wild and Scenic Rivers System , and components of the National Wilderness Preservation System . Title II also designates four new National Conservation Areas ( Fort Stanton – Snowy River Cave National Conservation Area , Snake River Birds of Prey National Conservation Area , Red Cliffs National Conservation Area in Washington County, Utah , and Dominguez-Escalante National Conservation Area ) and one new National Monument (the Prehistoric Trackways National Monument in

742-882: The National Tropical Botanical Garden in Hawaii and another that increases the number of Assistant Energy Secretaries in the United States Department of Energy to eight. Title XIII also amends the Fisheries Restoration and Irrigation Mitigation Act of 2000 and the Alaska Natural Gas Pipeline Act. Title XIV, the Christopher and Dana Reeve Paralysis Act, provides $ 105 million over five years for coordinated paralysis research by

795-476: The Omnibus Public Land Management Act of 2009 ( S. 22 ), a new bill which incorporated 159 bills that had been considered by the Senate Committee on Energy and Natural Resources during the 110th Congress and, in some cases, earlier Congresses. Despite vehement opposition from Coburn and some other Republicans, the Senate passed a cloture motion on January 11 by a vote of 66–12 and then passed

848-661: The Pacific Northwest National Scenic Trail and the Trail of Tears National Historic Trail . Title VI creates a number of new United States Department of the Interior programs. One of these programs, the Wolf Livestock Loss Demonstration Project, gives states and Indian tribes federal grants to help livestock producers to reduce livestock loss due to predation by wolves in non-lethal ways, as well as for

901-863: The Robledo Mountains of New Mexico ). It also transfers lands in Nevada, Utah, Idaho, and Washington to federal control. Title III authorizes the United States Secretary of Agriculture to, through the Chief of the United States Forest Service , conduct studies in the interest of preserving open space in southern Colorado and deliver "an annual report on the wildland firefighter safety practices...including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use, during

954-491: The U.S. Congress or the Secretary of the Interior . In 1968, as part of the original act, eight rivers were designated as National Wild and Scenic Rivers ( Clearwater , Eleven Point , Feather , Rio Grande , Rogue , St. Croix , Salmon , and Wolf ). As of November 2018 , 209 rivers, totaling 12,754 miles of river in 40 states and Puerto Rico, have Wild and Scenic status. By comparison, more than 75,000 large dams across

1007-910: The United States Treasury . However, each proposal's expenditures are limited to $ 4 million per year. Title V designates thousands of miles of new additions to the National Wild and Scenic Rivers System . It also adds six trails to the National Trails System : the Arizona National Scenic Trail , the New England National Scenic Trail , the Ice Age Floods National Geologic Trail , the Washington–Rochambeau Revolutionary Route National Historic Trail ,

1060-840: The 50th Anniversary of the Wild and Scenic Rivers Act. On August 2, 2018, 20 miles (32 km) of East Rosebud Creek in Montana were designated as a Wild and Scenic, the first Wild and Scenic designation in Montana in over 40 years. Designation as a Wild and Scenic River specifically protects the free-flowing nature of rivers in both federal and non-federal areas, something the Wilderness Act and other federal designations cannot do. Despite misplaced fears, WSR designation does not alter private property rights. Federally administered National Wild and Scenic Rivers are managed by one or more of

1113-627: The House failed to pass the Omnibus Public Land Management Act, Reid announced that he would file cloture on H.R. 146. While in the Senate, the bill was amended to include a majority of the text in S. 22. The Senate voted 73–21 for cloture and 77-20 to pass the bill. The House agreed to the Senate amendments, 285-140, on March 25. President Barack Obama signed the bill into law on March 30, 2009, declaring one provision unconstitutional in his signing statement . Title I of

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1166-500: The National Wild and Scenic Rivers System to protect and enhance rivers found to be regionally and nationally significant. Rivers may be designated by Congress or, if certain requirements are met, the Secretary of the Interior . Each designated river is administered by either a federal, state, or tribal agency, or as a partnership between any number of these government entities and local NGOs . Designated segments need not include

1219-630: The New Mexico Constitutional Convention of 1969. From 1968 to 1974, Bingaman was a member of the U.S. Army Reserve . He attended basic training at Fort Dix , New Jersey, as a private and graduated from the chaplain enlisted assistant technician course at the Army Chaplain School , Fort Hamilton , New Jersey in April 1969. Bingaman worked briefly in the state attorney general's office. He then ran for

1272-497: The benefit and enjoyment of present and future generations. The Congress declares that the established national policy of dams and other construction at appropriate sections of the rivers of the United States needs to be complemented by a policy that would preserve other selected rivers or sections thereof in their free-flowing condition to protect the water quality of such rivers and to fulfill other vital national conservation purposes." (Wild & Scenic Rivers Act) The Act established

1325-474: The bill (predominantly Democrats) fell two votes short of a two-thirds majority, 282-144. 34 Republicans voted in favor of the bill, while three Democrats voted against it: Dan Boren of Oklahoma, Jim Marshall of Georgia , and Collin Peterson of Minnesota . House Democrats could then have brought the bill back to the floor under regular procedure, which would have allowed Republicans to submit amendments to

1378-516: The bill designates two million acres (8,000 km²) of wilderness in nine states ( California , Colorado , Idaho , Michigan , New Mexico , Oregon , Utah , Virginia , and West Virginia ) for protection through addition to the National Wilderness Preservation System . Among these lands are: Title II establishes a National Landscape Conservation System , to include Bureau of Land Management -administered National Monuments , National Conservation Areas , Wilderness Study Areas , components of

1431-468: The bill on January 15 by a vote of 73–21, with four members not voting. The bill was then sent to the House of Representatives , where it was expected to pass by a wide margin. The bill was held at the desk instead of being sent to a committee. On March 11, 2009, the House considered the bill under suspension of the rules, meaning that a two-thirds vote would be required for passage. Those voting in favor of

1484-419: The bill's principle of eliminating tax breaks on gas and oil companies. Starting in 2006, Bingaman worked unsuccessfully to pass a bill that would have reduced greenhouse gas emissions via a " cap and trade " system. He stated his hope of reducing emissions to 1990 levels by 2030. His bill would also have increased federal funding for research and development of green technologies. Bingaman voted in line with

1537-542: The bill. The bill, as voted on by the House, had been amended by Jason Altmire (D- Pennsylvania ), to prohibit the closing of the lands described in the bill to hunting and fishing , presumably to persuade sportsmen and hunters to vote for the bill. On March 3, 2009, the House of Representatives passed a bill under suspension of the rules, the Revolutionary War and War of 1812 Battlefield Protection Act ( H.R. 146 ), 394-13. On March 12, one day after

1590-439: The carrying out of ecological restoration treatments. The Chief, acting on behalf of the Secretary of Agriculture, then may select up to ten of these proposals, aided by a fifteen-member advisory board, to be funded in any given fiscal year. For each proposal selected, 50% of the expenditures of the execution and monitoring of ecological restoration treatments would be paid for by a Collaborative Forest Landscape Restoration Fund in

1643-580: The chief of staff for New Mexico Governor Michelle Lujan Grisham (2019–2020). On December 13, 2008, Bingaman was awarded an honorary Doctor of Letters degree from New Mexico State University at the university's Fall 2008 commencement ceremony. He received the Distinguished Eagle Scout Award from the Boy Scouts of America . National Wild and Scenic Rivers System The National Wild and Scenic Rivers System

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1696-677: The country have modified at least 600,000 miles, or about 17%, of American rivers. Selected rivers in the United States are preserved for possessing Outstandingly Remarkable Values (ORVs) that fall into the 8 categories: Scenic, Recreation, Geologic, Fish, Wildlife, Historic, Culture, or Other similar values. These values can be considered synonymous with ecosystem services , or those goods and services that nature provides freely and that ultimately benefit society. Rivers (or sections of rivers) so designated are set out for protection and enhancement in perpetuity by preserving their free-flowing condition from dams and development that would otherwise diminish

1749-412: The developmental character of the river's surroundings on the date of designation. Wild rivers are the most remote and undeveloped while Recreational rivers often have many access points, roads, railroads, bridges, and homes located within the designated corridor. Scenic rivers tend to fall somewhere between the Wild and Recreational level of development. It is important to note that a river's classification

1802-417: The entire river and may include headwaters and tributaries. For federally administered rivers, the designated boundaries generally average one-quarter mile on either bank in the lower 48 states and one-half mile on rivers outside national parks in Alaska in order to protect river-related values. As of August 2018, the National System protects over 12,700 miles (20,400 km) of 209 rivers in 40 states and

1855-544: The four principal land-managing agencies of the federal government. Of the 209 National Wild and Scenic Rivers, the majority are managed by the United States Forest Service , followed by the National Park Service; ten of those managed by the NPS are official units , while most are part of other parks. The remaining WSR are managed under the Bureau of Land Management 's National Conservation Lands, originally called

1908-502: The height of the United States environmental era, states: "It is hereby declared to be the policy of the United States that certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values, shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for

1961-523: The leadership position of this office in 1978 and was elected. Environmental and antitrust issues were some of his biggest concerns while in this position. Limited to seek other statewide office by the state constitution, Bingaman announced on January 14, 1981, his candidacy for the U.S. Senate, the first to do so. In 1982, Bingaman was elected to the Senate, defeating one-term Republican incumbent Harrison Schmitt . Bingaman accused Schmitt of not paying enough attention to local matters; his campaign slogan

2014-509: The longest-serving Senator in New Mexico's history, Bingaman spent 26 years as New Mexico's junior Senator, though ironically he had more seniority than all but a few of his colleagues. He was the most-senior junior senator in the 110th United States Congress. On April 28, 2008, Bingaman endorsed Senator Barack Obama for the 2008 Democratic presidential nomination. On February 18, 2011, Bingaman announced that he would not seek reelection in 2012 . He formally retired on January 3, 2013, ending

2067-598: The majority of his party on abortion, and he received a 100% rating from the pro-choice NARAL . He supported reinstating the Fairness Doctrine . Although he voted in 1996 for the Defense of Marriage Act , he voted against a proposed constitutional amendment to ban gay marriage, and was ranked favorably by gay rights groups (such as 89% from the Human Rights Campaign ). He also voted twice against

2120-626: The nation's rivers. Many waterways and the fish in them were toxic, rendering them unusable by surrounding communities. Populations of aquatic species were declining and people were being relocated from their communities due to rampant dam building. All across the country people were writing letters imploring the President and First lady to protect their beloved rivers. Ultimately, the act was sponsored by Sen. Frank Church ( D - Idaho ) and signed into law by President Lyndon B. Johnson on October 2, 1968. A river , or river section, may be designated by

2173-448: The need for due process of law for detainees by saying: The current practice of holding detainees or prisoners indefinitely, without affording them basic due process rights, has been widely criticized in this country and throughout the world. For a country such as ours that has consistently advocated for the rule of law, the policies of the current administration are nothing short of a major embarrassment ... How we handle prisoners can have

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2226-548: The official language of the US government and voted in favor of continuing federal funds to self-declared "sanctuary cities". Throughout his political career, Bingaman had a pro-environmental record. He worked consistently to protect wildlife and public lands. He spoke publicly about the necessity of the Clean Energy Act of 2007 , citing the importance of developing clean technology and green jobs. He stated his support for

2279-702: The preceding calendar year." Title III also prohibits further oil and gas leasing, geothermal leasing, and mining patents in a stretch of the Bridger-Teton National Forest ; this provision was based on a bill being crafted by Senator Craig L. Thomas of Wyoming before his death. Title IV authorizes the Chief of the Forest Service to solicit (from regional foresters ) nominations of forest landscapes of at least 50,000 acres (200 km), primarily consisting of national forest lands, which are in need of "active ecosystem restoration," for

2332-427: The public schools system. At age 15, he earned the rank of Eagle Scout . After graduating from Silver High School in 1961, Bingaman went on to earn a Bachelor of Arts degree in government from Harvard College in 1965. He then entered Stanford Law School , graduating in 1968. After his admission to the bar, Bingaman commenced work as a private practice attorney alongside his wife. He also served as counsel to

2385-529: The purpose of compensating livestock producers for their loss of livestock due to predation by wolves. Another part of Title VI, the Paleontological Resources Preservation Act, was originally a Senate bill introduced in 2007 by Daniel Akaka (D-Hawaii). This provision establishes stronger penalties than previously required for nonpermitted removal of scientifically significant fossils from federal lands. The provision

2438-523: The quality of their remarkable values. National Wild and Scenic designation essentially vetoes the licensing of new dams on, or directly affecting the designated section of river. It also provides strong protection against federally funded bank and channel alterations that adversely affect river values, protects riverfront public lands from new oil, gas, and mineral development, and creates a federal reserved water right to protect flow-dependent values such as fish habitat. In 2018, America continues to celebrate

2491-556: The recommendations of a Presidential commission, the Outdoor Recreation Resources Review Commission (ORRRC). Among other things, the commission recommended that the nation protect wild rivers and scenic rivers from development that would substantially change their free-flowing nature and values. At this time, the country was also experiencing rapid degradation of its water resources due to municipal and industrial effluent being released into

2544-474: The second-longest Senate tenure in the state's history, behind only Domenici. In his 2022 book "Breakdown: Lessons for a Congress in Crisis", Bingaman discusses the erosion of congressional norms, outlines five governing obstacles for Congress members, evaluates their impact on eight major legislative actions during his term, and suggests improvements for Congress. Being from a border state with Mexico, Bingaman

2597-658: Was "What on Earth has he done for you lately?"—a jab at Schmitt's previous service as an astronaut who had walked on the Moon. He was reelected four times. Bingaman was Chairman of the Energy and Natural Resources Committee and a member of the Finance Committee ; Health, Education, Labor, and Pensions Committee ; and Joint Committee on the Economy . Generally, Bingaman kept a fairly low national profile, even though he

2650-688: Was created by the Wild and Scenic Rivers Act of 1968 (Public Law 90-542 ), enacted by the U.S. Congress to preserve certain rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations. The Act is notable for safeguarding the special character of these rivers, while also recognizing the potential for their appropriate use and development. It encourages river management that crosses political boundaries and promotes public participation in developing goals for river protection. The Act, signed into law by President Lyndon B. Johnson in

2703-660: Was endorsed and strongly supported by the Society of Vertebrate Paleontology , an international association of professional and amateur vertebrate paleontologists. In contrast, the Association of Applied Paleontological Sciences, an association of commercial fossil dealers , opposed the measure. Title VII makes three additions to the National Park System and expands current National Park designations. It also authorizes an American Battlefield Protection Program,

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2756-518: Was highly involved in the debate over illegal immigration. He believed in increased enforcement of borders to stem the flow of illegal immigrants, including more patrol agents and the use of surveillance cameras. However, he also believed that the U.S. should enact a guest worker program so that immigrants looking for honest work could arrive legally. Bingaman voted against the Secure Fence Act in 2006. He voted against declaring English to be

2809-416: Was the ninth most senior member of the Senate at the time of his retirement. He was very popular in New Mexico, facing substantive opposition only once, in 1994. Bingaman and his Senate colleague Pete Domenici were the longest-serving duo among senators in the 110th United States Congress (2007–2009). In second place were Ted Kennedy and John Kerry of Massachusetts . Due to serving alongside Domenici,

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